In re Implementation of Committee on Privacy & Court Records Recommendations-Amendments to the Florida Rules of Civil Procedure (78 So. 3d 1045, 2011)

Citations

78 So. 3d 1045

Full opinion text

REVISED OPINION

PER CURIAM.

We have for consideration proposed amendments to the Florida rules of court and forms intended to minimize the amount of unnecessary personal information included in documents filed with the courts. Reducing the amount of extraneous personal information in court records is another necessary step in the Court’s ongoing effort to provide the public with electronic access to nonconfidential court records. As part of that effort, we recently adopted procedures that allow clerks of court to readily identify and screen from the public confidential information filed with the courts and refine the procedures for sealing and unsealing court records. See In re Amends, to Fla. Rule of Jud. Admin. 2420 & Fla. Rules of App. Pro., 31 So.3d 756, 757 (Fla.2010) (recognizing that refinement of rule governing confidential court records was a necessary step in providing the public electronic access to court records).

The amendments at issue here further implement recommendations of the Committee on Privacy and Court Records (Privacy Committee) and are the result of the combined efforts of the Committee on Access to Court Records (Access Committee), its successor, the Florida Court Technology Commission’s Subcommittee on Access to Court Records (Access Subcommittee), and the Florida Bar Rules Committees. After considering the various proposals and comments filed in this case, and hearing oral argument, we amend the rules and forms to minimize the personal information filed with the court. Most notably, we adopt new Rule of Judicial Administration 2.425 (Minimization of the Filing of Sensitive Information) to govern the filing of sensitive personal information, which is the linchpin of the minimization efforts. We take this opportunity to emphasize that in order to avoid the electronic dissemination of sensitive personal information unnecessary to court proceedings, both attorneys and pro se litigants must be vigilant to file only authorized documents that comply with the requirements adopted here.

The newly enacted rules provide for sanctions for violations of these rules. However, continual education and a change in mindset for all those involved in the litigation process are necessary for these rules to work as intended. After all, with the benefits of electronic access to documents comes the responsibility to minimize unnecessary personal information in court records. With those beginning cautions, we explain the evolution of the amendments and the substance of the major amendments.

BACKGROUND

The Privacy Committee was created in November 2003 and charged with providing recommendations to the Court regarding electronic access to court records. See In re Comm, on Privacy and Court Records, Fla. Admin. Order No. AOSC04-04 (Feb. 12, 2004) (substituted for AOSC03-49). As relevant to the amendments at issue here, the Privacy Committee was charged with recommending strategies for reducing the amount of unnecessary personal information in court records. Id. at 5. After the Privacy Committee submitted its report and recommendations and the Court held public hearings on the recommendations, an administrative order was issued partially implementing the Privacy Committee’s recommendations. That administrative order noted the Court’s agreement with the Privacy Committee that the Florida judicial branch should have a goal of providing electronic access to nonconfidential court records when appropriate conditions are met, one of which is minimizing the amount of unnecessary personal information in court records. By separate administrative order, the Access Committee was created to assist the Court in implementing a number of the Privacy Committee recommendations, including the “minimization” recommendations addressed here.

As relevant here, the Privacy Committee reported as follows:

Florida court files commonly contain information which is not required by law or rule and which is not needed by the court for purposes of adjudication or case management. Once entered into a court file this information becomes a matter of public record. Much of this information is personal or sensitive in nature. The Committee perceives that there is not a clear understanding on the part of attorneys and the general public of the negative effects on personal privacy of placing unnecessary information in a court record.

Privacy Committee Report at 56. The inclusion of unnecessary personal information in court filings is of special concern because providing electronic access, which would include internet access, to court records will make nonconfidential personal information contained in those records more readily accessible to the public.

To mitigate this concern, the Privacy Committee made four recommendations intended to minimize the filing of extraneous personal information. Privacy Committee Recommendation Seven urges the review and revision of court rules and forms to avoid the filing of personal information that is not necessary for adjudication or case management. Recommendation Eight recommends the study of a court rule to prohibit the filing of unauthorized documents. Recommendation Nine suggests clarifying Family Law Rule of Procedure 12.285 (Mandatory Disclosure) to avoid the unnecessary filing of financial information in family law cases. And Recommendation Ten urges the adoption of a rule that prohibits the filing of discovery information with the court unless the information is filed for good cause and that provides for sanctions if the rule is violated. These “minimization” recommendations were referred to the Florida Bar rules committees to propose rule and form amendments implementing the recommendations. The rules committees’ proposals were then referred to the Access Committee for consideration and preparation of an omnibus petition of proposed rule amendments. The Access Committee’s petition of proposed amendments, as well as revised and new proposals offered by the rules committees are before the Court here.

In considering the proposals, the Court had the benefit of comments from interested persons, as well as responses and input from the Access Subcommittee (successor to the Access Committee) and the various rules committees on a number of issues of concern to the Court. See In re Implementation of Comm, on Privacy & Court Records Recommendations, No. SC08-2443 (Fla. order filed April 1, 2010) (seeking input on a number of issues); see also In re Implementation of Comm, on Privacy & Court Records Recommendations, No. SC08-2443 (Fla. order filed May 19, 2010) (seeking input on suggested new rule 2.425). In response to the Court’s concern about consistency among the various rules proposed to govern the filing of sensitive personal information, the committees now urge the adoption of new Rule of Judicial Administration 2.425 (Minimization of the Filing of Sensitive Information) and conforming amendments to the other bodies of rules and forms.

After considering the various proposals, we amend the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, the Florida Rules of Criminal Procedure, the Florida Probate Rules, the Florida Small Claims Rules, the Florida Rules of Appellate Procedure, and the Florida Family Law Rules of Procedure and forms, as reflected in the appendix to this opinion. We discuss the more significant amendments below.

AMENDMENTS

New Rule of Judicial Administration 2.425 and Other Amendments Limiting the Filing of Extraneous Personal Information

New rule 2.425 (Minimization of the Filing of Sensitive Information) is the centerpiece of the amendments adopted in this case. The new rule governs the filing of sensitive personal information in all types of cases, except traffic and criminal proceedings. It implements Privacy Committee Recommendation Seven, which urges revision of court rules and forms to avoid the filing of personal information that is not necessary for adjudication or case management. The new rule of judicial administration sets forth the categories of personal information that must not be filed or must be truncated or redacted before filing, and provides exceptions that allow for the filing of complete information in appropriate circumstances.

The new rule serves as a companion to recently amended Rule of Judicial Administration 2.420 (Public Access to Judicial Branch Records). New rule 2.425 provides the procedures for protecting personal information being filed with the court; while rule 2.420 governs the procedures for determining the confidentiality of information after it has been filed and for providing public access to nonconfidential information. Rule 2.425 is loosely modeled after Federal Rule of Civil Procedure 5.2 (Privacy Protection for Filings Made with the Court). The most important provisions of the new rule are discussed below.

First, under subdivision (a) (Limitations for Court Filings) of the new rule, unless exempted by subdivision (b) (Exceptions), or authorized by statute, another rule, or court order, personal information of the type listed either must not be filed or must be truncated or redacted before filing. Under subdivisions (a)(1) and (a)(2) only the initials of a minor and the year of birth of a person’s birth date may be included in filings, and under subdivision (a)(3), no portion of a social security number, bank account number, credit card account number, charge account number, or debit account number can be filed, unless the number falls within one of the subdivision (b) exceptions, or is authorized by statute, another rule, or court order.

Only the last four digits of certain other personal identifying numbers (i.e., driver’s license number, passport number, taxpayer identification number, and patient or health care number) are allowed under subdivision (a)(4). Similarly, a truncated version of other types of personal information (i.e., email address, password, and other sensitive information as provided by court order) is allowed under subdivisions (a)(5) and (a)(6).

Next, subdivision (b) (Exceptions) allows for the filing of complete information under certain circumstances. For example, under subdivisions (b)(1), (b)(5), and (b)(6) respectively, an account number that identifies the property alleged to be the subject of a proceeding, the birth date of a minor whenever the birth date is necessary for the court to establish or maintain subject matter jurisdiction, and the name of a minor in any document or order affecting the minor’s ownership of real property are exempt from the subdivision (a) limitations. Under subdivision (b)(10), information that is relevant and material to an issue before the court also is exempt.

Subdivision (b)(8), which we adopt on an interim basis, exempts from the requirements of the rule filings in traffic and criminal proceedings. This exception is strongly supported by the Criminal Procedure Rules Committee, prosecutors, and defense attorneys, as well as numerous Florida criminal justice organizations. The Rules Committee and criminal justice organizations maintain that much of the information filed in criminal cases that would have to be truncated or redacted under the new rule must be available to defense attorneys, law enforcement, and others in the criminal justice system. The proponents of the exception also caution that application of the rule would result in substantial workload issues for prosecutors’ offices that would be required to truncate or redact massive amounts of information routinely contained in arrest affidavits, search warrants, charging documents, traffic citations, police reports, and discovery documents filed with the court. We acknowledge the reasons advanced for treating filings in criminal and traffic proceedings differently than filings in other cases. However, filings in criminal and traffic cases contain a large portion of the personal information filed with our courts and a “blanket” exception for those filings would not be necessary if a finely tailored rule can be drafted to govern them. Therefore, we direct the Criminal Procedure Rules Committee, the Traffic Court Rules Committee, and the Rules of Judicial Administration Committee to work together to propose a rule or rules similar to Federal Rule of Criminal Procedure 49.1 (Privacy Protection for Filings Made with the Court) to govern the filing of sensitive personal information in criminal and traffic proceedings.

Finally, subdivision (c) (Remedies) provides remedies and sanctions for violations of the rule. And subdivisions (d) (Motions Not Restricted) and (e) (Application) clarify the new rule’s interplay with rule 2.420 (Public Access to Judicial Branch Records) and explain that the new rule does not affect the application of constitutional provisions, statutes, or rules of court governing confidential information or access to public records.

Other rules of procedure and forms are amended to conform to or reference new rule 2.425. For example, new Rule of Appellate Procedure 9.050 (Maintaining Privacy of Personal Data) requires all briefs, petitions, replies, appendices, motions, notices, stipulations, and responses filed with the court comply with rule 2.425. Family Law Rules 12.130(c) (Protection of Account and Personal Identifying Numbers), 12.440(a) (Setting for Trial), 12.540 (Relief from Judgment, Decrees, or Orders), and 12.620 (Receivers) are amended to require compliance with rule 2.425. Amendments to the civil and family law discovery rules also incorporate the requirements of rule 2.425. See Appendix, infra, pp. 1055-57,1074-78 (amending Fla. r'. Civil P. 1.280; 1.310; 1.340; 1.350; Fla. Fam. L.R.P. 12.280; 12.285; 12.340; 12.370; 12.410; 12.560).

To further implement Privacy Committee Recommendation Seven (Revision of Rules and Forms Leading to Extraneous Personal Information), the various civil judgment forms are amended to require that only the last four digits of the judgment debtor’s social security number be included in the judgment. Probate Rules 5.200 (Petition for Administration), 5.210 (Probate of Wills without Administration), and 5.530 (Summary Administration) are likewise amended to require that only the last four digits of the decedent’s social security number be included in petitions filed under those rules. Similarly, to limit the filing of personal information in criminal cases, Rule of Criminal Procedure 3.140(c)(4) (Personal Statistics) is amended to delete the requirement that the defendant’s social security number be included in the charging document.

Rule of Civil Procedure 1.280(f) and Other Amendments Limiting the Filing of Discovery and Financial Information

New Rule of Civil Procedure 1.280(f) (Court Filing of Documents and Discovery) works in conjunction with new rule 2.425, by requiring that all discovery documents filed with the court comply with the requirements for the filing of personal information. However, the new discovery rule’s primary purpose is to implement Privacy Committee Recommendation Ten, by prohibiting the filing of information obtained during discovery unless the information is filed for good cause and giving the court authority to impose sanctions for violation of the rule. The Court revised the language of proposed rule 1.280(f) to clarify that good cause is satisfied only where the filing of the information is allowed or required by another applicable rule of procedure or by court order. This requirement is intended to stop abuses of personal information obtained during discovery by preventing the filing of discovery information unless it is necessary to the proceedings. Other civil discovery rules are amended to require compliance with new rule 1.280(f). See Appendix, infra, pp. 1055-57 (amending Fla. R. Civ. P. 1.310; 1.340; 1.350).

Family law discovery rules also are amended to limit the filing of discovery information. New subdivision (c) is added to Family Law Rule 12.340 (Interrogatories to Parties) to require that responses to interrogatories be served but not filed with the court, unless they are admitted into evidence and are in compliance with rule 2.425. Rule 12.370 (Requests for Admissions) is amended to require that documents attached to a request for admissions be served with the request but not filed with the court. The amendments to rule 12.560 (Discovery in Aid of Execution) prohibits the filing of a fact information sheet, civil form 1.977, unless ordered by the court for good cause shown.

Similarly, subdivisions (b) and (e) of rule 12.363 (Evaluations of Minor Child) are amended to prevent the filing of an evaluation of a minor child unless the report is being admitted into evidence. If the report is filed, the filing must comply with rule 2.425. The Media Organizations that commented on these amendments urge us to reject the requirement, added to subdivision (e), that the court consider whether the report should be sealed under rule 2.420. The Media Organizations maintain that rule 2.420 places the burden of seeking a determination of confidentiality of court records on the proponent of closure, not the court. In response, the Family Law Rules Committee points out that the court has inherent authority to protect the interests of children whose parents are before the court, citing Simms v. State Department of Health & Rehabilitative Services, 641 So.2d 957, 961 (Fla. 3d DCA 1994). The Access Subcommittee explains that the recent amendments to rule 2.420 were not intended to affect the power of a court to determine, sua sponte, that a particular court record is confidential. Therefore, we defer to the committee and adopt the subdivision (e) requirement.

Next, to implement Privacy Committee Recommendation Nine, which requested that the mandatory disclosure rule be clarified to avoid the unnecessary filing of financial information in family law cases, as well as Recommendations Seven and Ten, we adopt new Family Law Rule of Procedure 12.285(a)(3) (Mandatory Disclosure; Documents Not to be Filed with Court; Sanctions), and amend rule 12.287 (Financial Affidavits in Enforcement and Contempt Proceedings). New rule 12.285(a)(3)(A) highlights language currently in the rule stating that except for financial affidavits and child support guidelines worksheets, documents produced under the rule are not to be filed with the court absent a court order. Subdivision (a)(3)(B) requires that account numbers and personal identifying information are governed by rule 2.425. And subdivision (a)(3)(C) provides that sanctions are governed by new rule 1.280(f). New rule 12.285(c) (Exemption for Requirement to File and Serve Financial Affidavit) prohibits the filing and service of a financial affidavit if the parties are seeking a simplified dissolution of marriage under 12.105 and certain conditions are met. The current rule 12.105(c) requirement that the parties to a simplified dissolution proceeding file a financial affidavit and marital settlement agreement is deleted, and the family law forms are amended accordingly. Rule 12.287 is amended to delete the requirement that a requested financial affidavit be filed with the court in enforcement and contempt proceedings and to add a requirement that a notice of compliance with the service requirement be filed instead.

The family law rules of procedure forms are amended to conform with the amendments to the family law rules. Additionally, the instructions to several of the rules forms and approved forms are amended to conform to section 119.071(2)(j)(l), Florida Statutes (2010), which was enacted to protect the confidentiality of victims of domestic violence, sexual battery, aggravated child abuse, aggravated stalking, and aggravated battery.

Amendments to Florida Supreme Court Approved Family Law Forms

Finally, with input from the Court’s Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms, we amend the Florida Supreme Court Approved Family Law Forms to ensure that the forms do not prompt those who use them to provide unnecessary personal information, such as “place of marriage,” “date of separation,” “place of birth of minor children,” or “gender of minor children.” The requirement to include a statement of the “best interest of the child(ren)” is deleted from form 12.905(d) (Supplemental Petition for Temporary Modification of Parenting Issues for Child(ren) of Parent Activated, Deployed, or Temporarily Assigned to Military Service), as unnecessary. Requests for financial information that is required to be provided in the family financial affidavits also is removed from form 12.943 (Motion to Deviate from Child Support Guidelines). Other more minor changes also are made to the approved forms.

CONCLUSION

We thank the Access Committee, the Access Subcommittee, the Florida Bar Rules Committees, the Court’s Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms, and those who submitted comments for assisting the Court in moving closer to our goal of providing the public with electronic access to court records. We also take this opportunity to emphasize that in order to avoid the electronic dissemination of sensitive personal information unnecessary to court proceedings, both attorneys and pro se litigants must be vigilant to file only authorized documents that comply with the requirements adopted here.

Accordingly, we amend the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, the Florida Rules of Criminal Procedure, the Florida Probate Rules, the Florida Small Claims Rules, the Florida Rules of Appellate Procedure, and the Florida Family Law Rules as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The committee notes are offered for explanation only and are not adopted as an official part of the rules. We also amend the Family Law Rules of Procedure Forms and the Florida Supreme Court Approved Family Law Forms, as set forth in the appendix to this opinion, fully engrossed for use on the effective date of the amendments. The forms can be accessed and downloaded from this Court’s website at www.flcourts. 0rg/gen_public/family/forms_rules/index. shtml. By adopting the amended forms, we express no opinion as to their correctness or applicability.

The amendments to the rules and forms are effective, nunc pro tunc, October 1, 2011, at 12:01 a.m.

It is so ordered.

CANADY, C.J., and PARIENTE, LEWIS, POLSTON, LABARGA, and PERRY, JJ., concur.

QUINCE, J., concurs in result.

APPENDIX

FLORIDA RULES OF CIVIL PROCEDURE

RULE 1.280. GENERAL PROVISIONS GOVERNING DISCOVERY

(a)-(e) [No change]

(f) Court Filing of Documents and Discovery. Information obtained during discovery shall not be filed with the court until such time as it is filed for good cause. The requirement of good cause is satisfied only where the filing of the information is allowed or required by another applicable rule of procedure or by court order. All filings of discovery documents shall comply with Florida Rule of Judicial Administration 2.425. The court shall have authority to impose sanctions for violation of this rule.

Committee Notes

1972 Amendment — 1996 Amendment. [No change]

2011 Amendment. Subdivision (f) is added to ensure that information obtained during discovery is not filed with the court unless there is good cause for the documents to be filed, and that information obtained during discovery that includes certain private information shall not be filed with the court unless the private information is redacted as required by Florida Rule of Judicial Administration 2.425.

Court Commentary

[No change]

RULE 1.310. DEPOSITIONS UPON ORAL EXAMINATION

(a)-(e) [No change]

(f) Filing; Exhibits.

(1) — (2) [No change]

(3) A copy of a deposition may be filed only under the following circumstances:

(A) It may be filed in compliance with Florida Rule of Judicial Administration 2.425 and rule 1.280(f) by a party or the witness when the contents of the deposition must be considered by the court on any matter pending before the court. Prompt notice of the filing of the deposition shall be given to all parties unless notice is waived. A party filing the deposition shall furnish a copy of the deposition or the part being filed to other parties unless the party already has a copy.

(B) If the court determines that a deposition previously taken is necessary for the decision of a matter pending before the court, the court may order that a copy be filed by any party at the initial cost of the party, and the filing party shall comply with rules 2.425 and 1.280(f).

(g)-(h) [No change]

Committee Notes

1972 Amendment — 2010 Amendment.

[No change]

2011 Amendment. A reference to Florida Rule of Judicial Administration 2.425 and rule 1.280(f) is added to require persons filing discovery materials with the court to make sure that good cause exists prior to filing discovery materials and that certain specific personal information is redacted.

Court Commentary

[No change]

RULE 1.340. INTERROGATORIES TO PARTIES

(a)-(d) [No change]

(e) Service and Filing. Interrogatories shall be arranged so that a blank space is provided after each separately numbered interrogatory. The space shall be reasonably sufficient to enable the answering party to insert the answer within the space. If sufficient space is not provided, the answering party may attach additional papers with answers and refer to them in the space provided in the interrogatories. The interrogatories shall be served on the party to whom the interrogatories are directed and copies shall be served on all other parties. A certificate of service of the interrogatories shall be filed, giving the date of service and the name of the party to whom they were directed. The answers to the interrogatories shall be served upon the party originally propounding the interrogatories and a copy shall be served on all other parties by the answering party. The original or any copy of the answers to interrogatories may be filed in compliance with Florida Rule of Judicial Administration 2.425 and rule 1.280(f) by any party when the court should consider the answers to interrogatories in determining any matter pending before the court. The court may order a copy of the answers to interrogatories filed at any time when the court determines that examination of the answers to interrogatories is necessary to determine any matter pending before the court.

Committee Notes

1992 Amendment — 1988 Amendment.

[No change]

2011 Amendment. A reference to Florida Rule of Judicial Administration 2.425 and rale 1.280(f) is added to require persons filing discovery materials with the court to make sure that good cause exists prior to filing discovery materials and that certain specific personal information is redacted.

Court Commentary

[No change]

RULE 1.350. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES

(a)-(c) [No change]

(d) Filing of Documents. Unless required by the court, a party shall not file any of the documents or things produced with the response. Documents or things may be filed in compliance with Florida Rule of Judicial Administration 2.425 and rule 1.280(f) when they should be considered by the court in determining a matter pending before the court.

Committee Notes

1972 Amendment — 1980 Amendment. [No change]

FORM 1.988. JUDGMENT AFTER DEFAULT

(a) General Form. This form is the general form for a judgment after default, not including recovery for prejudgment interest and attorneys’ fees:

FINAL JUDGMENT

This action was heard after entry of default against defendant and

IT IS ADJUDGED that plaintiff,. (name and address) ., recover from defendant, . (name and address, and last 4 digits of social security number if known) ., the sum of $. with costs in the sum of $., that shall bear interest at the rate of. .... % a year, for which let execution issue.

ORDERED at ., Florida, on.(date).

Judge

(b) Form with Interest and Fees. This form is for judgment after default including prejudgment interest and attorneys’ fees recovered:

FINAL JUDGMENT

This action was heard after entry of default against defendant and

IT IS ADJUDGED that plaintiff,. (name and address) ., recover from defendant, .(name and address, and last 4 digits of social security number if known)., the sum of $.on principal, $. for attorneys’ fees with costs in the sum of $., and prejudgment interest in the sum of $., making a total of $.that shall bear interest at the rate of.% a year, for which let execution issue.

ORDERED at ., Florida, on.(date).

Judge

NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So.2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.

Committee Notes

1980 Adoption. This form is new.

2003 Amendment. Subdivision (b) is amended to include prejudgment interest in the total judgment pursuant to Quality Engineered, Installation, Inc. v. Higley South, Inc., 670 So.2d 929 (Fla.1996).

FORM 1.990. FINAL JUDGMENT FOR PLAINTIFF. JURY ACTION FOR DAMAGES

FINAL JUDGMENT

Pursuant to the verdict rendered in this action

IT IS ADJUDGED that plaintiff, .(name and address) ., recover from defendant,.(name and address, and last 4 digits of social security number if known) ., the sum of $. with costs in the sum of $., making a total of $.. that shall bear interest at the rate of.% a year, for which let execution issue.

ORDERED at ., Florida, on.(date).

Judge

FORM 1.991. FINAL JUDGMENT FOR DEFENDANT. JURY ACTION FOR DAMAGES

FINAL JUDGMENT

Pursuant to the verdict rendered in this action

IT IS ADJUDGED that plaintiff, .(name and address, and last 4 digits of social security number if known)., take nothing by this action and that defendant, .(name and address)., shall go hence without day and recover costs from plaintiff in the sum of $. that shall bear interest at the rate of .% a year, for which let execution issue.

ORDERED at ., Florida, on.(date).

Judge

FORM 1.993. FINAL JUDGMENT FOR PLAINTIFF. GENERAL FORM. NON-JURY

FINAL JUDGMENT

This action was tried before the court. On the evidence presented

IT IS ADJUDGED that:

1. (list adjudications in numbered paragraphs)

(See note below on name, address, and social security number requirements.)

ORDERED at ., Florida, on.(date).

Judge

NOTE: Findings of fact can be inserted after “presented” if desired. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So.2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida «Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. FORM 1.994. FINAL JUDGMENT FOR DEFENDANT. GENERAL FORM. NON-JURY

FINAL JUDGMENT

This action was tried before the court. On the evidence presented

IT IS ADJUDGED that plaintiff,. (name and address, and last 4 digits of social security number if known) ., take nothing by this action and that defendant, . (name and address) ., shall go hence without day and recover costs from plaintiff in the sum of $.that shall bear interest at the rate of.% a year, for which let execution issue.

ORDERED at ., Florida, on.(date).

Judge

FORM 1.995. FINAL JUDGMENT OF REPLEVIN

NOTE APPLICABLE TO FORMS (a)-(d): The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So.2d 1286 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.

(a) Judgment in Favor of Plaintiff when Plaintiff Has Possession.

FINAL JUDGMENT OF REPLEVIN

This matter was heard on plaintiffs complaint. On the evidence presented

IT IS ADJUDGED that:

1. Plaintiff, .(name and address) ., has the right against defendant, .(name and address, and last 4 digits ofsocial security if known)., to retain possession of the following described property:

(list the property and include a value for each item)

2. Plaintiff shall recover from defendant the sum of $. as damages for the detention of the property and the sum of $. as costs, making a total of $., which shall bear interest at the rate of .% per year, for which let execution issue.

ORDERED at ., Florida, on.(date).

Judge

NOTE: This form applies when the plaintiff has recovered possession under a writ of replevin and prevailed on the merits. Pursuant to section 78.18, Florida Statutes (1995), paragraph 2 of the form provides that the plaintiff can also recover damages for the wrongful taking and detention of the property, together with costs. Generally these damages are awarded in the form of interest unless loss of use can be proven. Ocala Foundry & Machine Works v. Lester, 49 Fla. 199, 38 So. 51 (1905).

If the defendant has possession of part of the property, see form 1.995(b).

(b) Judgment in Favor of Plaintiff when Defendant Has Possession.

FINAL JUDGMENT OF REPLEVIN

This matter was heard on plaintiffs complaint. On the evidence presented

IT IS ADJUDGED that:

1. Plaintiff, .(name and address) ., has the right against defendant, .(name and address, and last 4 digits of social security number if known)., to possession of the following described property:

(list the property and include a value for each item) for which the clerk of the court shall issue a writ of possession; or

2. Plaintiff shall recover from defendant [if applicable add “and surety on the forthcoming bond”] the sum of $.for the value of the property, which shall bear interest at the rate of .% per year, for which let execution issue.

3. Plaintiff shall recover from defendant the sum of $. as damages for the detention of the property and the sum of $. as costs, making a total of $., which shall bear interest at the rate of.% per year, for which let execution issue.

ORDERED at ., Florida, on.(date).

Judge

NOTE: This form applies when the plaintiff prevails on the merits and the defendant retains possession of the property. Section 78.19, Florida Statutes (1995), allows the plaintiff to recover the property or its value or the value of the plaintiffs lien or special interest. The value for purposes of paragraph 2 is either the value of the property or the value of the plaintiffs lien or special interest.

Paragraph 3 of the form provides for damages for detention only against the defendant because the defendant’s surety obligates itself only to ensure forthcoming of the property, not damages for its detention.

Pursuant to section 78.19(2), Florida Statutes, paragraphs 1 and 2 of the form provide the plaintiff the option of obtaining either a writ of possession or execution against the defendant and defendant’s surety on a money judgment for property not recovered. Demetree v. Stramondo, 621 So.2d 740 (Fla. 5th DCA 1993). If the plaintiff elects the writ of possession for the property and the sheriff is unable to find it or part of it, the plaintiff may immediately have execution against the defendant for the whole amount recovered or the amount less the value of the property found by the sheriff. If the plaintiff elects execution for the whole amount, the officer shall release all property taken under the writ.

If the plaintiff has possession of part of the property, see form 1.995(a).

FINAL JUDGMENT OF REPLEVIN

This matter was heard on plaintiffs complaint. On the evidence presented

IT IS ADJUDGED that:

1. Defendant,.(name and address) ., has the right against plaintiff, .(name and address, and last 4 digits of social security number if known)., to possession of the following described property:

(list the property and include a value for each item)

2. Defendant retook possession of all or part of the property under a forthcoming bond, and defendant’s attorney has reasonably expended.hours in representing defendant in this action and $. is a reasonable hourly rate for the services.

3. Defendant shall recover from plaintiff the sum of $.for the wrongful taking of the property, costs in the sum of $., and attorneys’ fees in the sum of $., making a total of $., which shall bear interest at the rate of.% per year, for which let execution issue.

ORDERED at ., Florida, on.(date).

Judge

NOTE: This form applies when the defendant prevails and the property was retained by or redelivered to the defendant. Section 78.20, Florida Statutes (1995), provides for an award of attorneys’ fees. The prevailing defendant may be awarded possession, damages, if any, for the taking of the property, costs, and attorneys’ fees.

If the plaintiff has possession of part of the property, see form 1.995(d).

(d) Judgment in Favor of Defendant when Plaintiff Has Possession.

FINAL JUDGMENT OF REPLEVIN

This matter was heard on plaintiffs complaint. On the evidence presented

IT IS ADJUDGED that:

1. Defendant,.(name and address) ., has the right against plaintiff, .(name and address, and last four digits of social security number if known) ., to recover possession of the following described property:

(list the property and include a value for each item) for which the clerk of the court shall issue a writ of possession; or

2. Defendant shall recover from plaintiff [if applicable add “and surety on plaintiffs bond”] the sum of $. for the value of the property, which shall bear interest at the rate of.% per year, for which let execution issue.

3. Defendant shall recover from plaintiff the sum of $.as damages for detention of the property and the sum of $. as costs, making a total of $., which shall bear interest at the rate of.% per year, for which let execution issue.

ORDERED at ., Florida, on.(date).

Judge

NOTE: This form should be used when the defendant prevails but the plaintiff has possession of the property. Section 78.21, Florida Statutes (1995), does not provide for an award of attorneys’ fees when the defendant prevails and possession had been temporarily retaken by the plaintiff. Sections 78.21 and 78.19 allow the defendant to recover the property or its value or the value of the defendant’s special interest.

Paragraphs 1 and 2 of the form provide to the defendant the option of obtaining either a writ of possession or execution against the plaintiff and plaintiffs surety on a money judgment for property not recovered and costs. Demetree v. Stramondo, 621 So.2d 740 (Fla. 5th DCA 1993). If the defendant elects the writ of possession for the property and the sheriff is unable to find it or part of it, the defendant may immediately have execution against the plaintiff and surety for the whole amount recovered or the amount less the value of the property found by the sheriff. If the defendant elects execution for the whole amount, the officer shall release all property taken under the writ.

If the defendant has possession of part of the property, see form 1.995(c).

FLORIDA RULES OF JUDICIAL ADMINISTRATION

RULE 2.425 MINIMIZATION OF THE FILING OF SENSITIVE INFORMATION

(a) Limitations for Court Filings. Unless authorized by subdivision (b), statute, another rule of court, or the court orders otherwise, designated sensitive information filed with the court must be limited to the following format:

(1) The initials of a person known to be a minor;

(2) The year of birth of a person’s birth date;

(3) No portion of any

(A) social security number,

(B) bank account number,

(D) charge account number, or

(E) debit account number;

(4) The last four digits of any

(A) taxpayer identification number (TIN),

(B) employee identification number,

(D) passport number,

(E) telephone number,

(F) financial account number, except as set forth in subdivision (a)(3),

(G) brokerage account number,

(H) insurance policy account number,

(I) loan account number,

(J) customer account number, or

(K) patient or health care number;

(5) A truncated version of any

(A) email address,

(B) computer user name,

(D) personal identification number (PIN); and

(6) A truncated version of any other sensitive information as provided by court order.

(b) Exceptions. Subdivision (a) does not apply to the following:

(1) An account number which identifies the property alleged to be the subject of a proceeding;

(2) The record of an administrative or agency proceeding;

(3) The record in appellate or review proceedings;

(4) The birth date of a minor whenever the birth date is necessary for the court to establish or maintain subject matter jurisdiction;

(5) The name of a minor in any order relating to parental responsibility, time-sharing, or child support;

(6) The name of a minor in any document or order affecting the minor’s ownership of real property;

(7) The birth date of a party in a writ of attachment or notice to payor;

(8) Traffic and criminal proceedings;

(9) Information used by the clerk for case maintenance purposes or the courts for case management purposes; and

(10)Information which is relevant and material to an issue before the court.

(c) Remedies. Upon motion by a party or interested person or sua sponte by the court, the court may order remedies, sanctions or both for a violation of subdivision (a). Following notice and an opportunity to respond, the court may impose sanctions if such filing was not made in good faith.

(d) Motions Not Restricted. This rule does not restrict a party’s right to move for protective order, to move to file documents under seal, or to request a determination of the confidentiality of records.

(e) Application. This rule does not affect the application of constitutional provisions, statutes, or rules of court regarding confidential information or access to public information.

FLORIDA RULES OF CRIMINAL PROCEDURE

RULE 3.140. INDICTMENTS; INFOR-MATIONS

(a)-(b) [No change]

(l)-(3) [No change]

(4) Personal Statistics. Every indictment or information shall include the defendant’s race, gender, and date of birth, and social security number when any of these facts are known. Failure to include these facts shall not invalidate an otherwise sufficient indictment or information.

(d)-(o) [No change]

Committee Notes

[No change]

RULE 3.211. COMPETENCE TO PROCEED: SCOPE OF EXAMINATION AND REPORT

(a)-(b) [No change]

(1) identify the specific matters referred for evaluation;

(2) describe the evaluative procedures, techniques, and tests used in the examination and the purpose or purposes for each;

(3) state the expert’s clinical observations, findings, and opinions on each issue referred for evaluation by the court, and indicate specifically those issues, if any, on which the expert could not give an opinion; and

(4) identify the sources of information used by the expert and present the factual basis for the expert’s clinical findings and opinions.

The procedure for determinations of the confidential status of f reports is governed by Rule of Judicial Administration 2.420.

(d) [No change]

Committee Notes

[No change]

RULE 3.212. COMPETENCE TO PROCEED: HEARING AND DISPOSITION

(a)-(c) [No change]

(d) Release on Finding of Incompetence. If the court decides that a defendant is not mentally competent to proceed but does not meet the criteria for commitment, the defendant may be released on appropriate release conditions for a period not to exceed 1 year. The court may order that the defendant receive outpatient treatment at an appropriate local facility and that the defendant report for further evaluation at specified times during the release period as conditions of release. A report shall be filed with the court after each evaluation by the persons appointed by the court to make such evaluations, with copies to all parties. The procedure for determinations of the confidential status of reports is governed by Rule of Judicial Administration 2.420.

Committee Notes

[No change]

RULE 3.218. COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY

(a) Commitment; 6-Month Report. The Department of Children and Family Services shall admit to an appropriate facility a defendant found not guilty by reason of insanity under rule 3.217 and found to meet the criteria for commitment for hospitalization and treatment and may retain and treat the defendant. No later than 6 months from the date of admission, the administrator of the facility shall file with the court a report, and provide copies to all parties, which shall address the issues of further commitment of the defendant. If at any time during the 6-month period, or during any period of extended hospitalization that may be ordered under this rule, the administrator of the facility shall determine that the defendant no longer meets the criteria for commitment, the administrator shall notify the court by such a report and provide copies to all parties. The procedure for determinations of the confidential status of reports is governed by Rule of Judicial Administration 2.420.

(b)-(c) [No change]

Committee Notes

[No change]

RULE 3.219. CONDITIONAL RELEASE

(a) Release Plan. The committing court may order a conditional release of any defendant who has been committed according to a finding of incompetency to proceed or an adjudication of not guilty by reason of insanity based on an approved plan for providing appropriate outpatient care and treatment. When the administrator shall determine outpatient treatment of the defendant to be appropriate, the administrator may file with the court, and provide copies to all parties, a written plan for outpatient treatment, including recommendations from qualified professionals. The plan may be submitted by the defendant. The plan shall include:

(1) special provisions for residential care, adequate supervision of the defendant, or both;

(2) provisions for outpatient mental health services; and

(3) if appropriate, recommendations for auxiliary services such as vocational training, educational services, or special medical care.

In its order of conditional release, the court shall specify the conditions of release based on the release plan and shall direct the appropriate agencies or persons to submit periodic reports to the court regarding the defendant’s compliance with the conditions of the release, and progress in treatment, and provide copies to all parties. The procedure for determinations of the confidential status of reports is governed by Rule of Judicial Administration 2.420.

(b)-(c) [No change]

Committee Notes

[No change]

PROBATE RULES

RULE 5.200. PETITION FOR ADMINISTRATION

The petition for administration shall be verified by the petitioner and shall contain:

(a) [No change]

(b) the nameT and last known address of the decedent, last 4 digits of the decedent’s social security number, date and place of death of the decedent, and state and county of the decedent’s domicile;

(c)-(j) [No change]

Committee Notes

Rule History

1977 Revision — 2010 Revision: [No change]

2011 Revision: Subdivision (b) amended to limit listing of decedent’s social security number to last four digits.

Statutory References

[No change]

Rule References

[No change]

RULE 5.210. PROBATE OF WILLS WITHOUT ADMINISTRATION

(a) Petition and Contents. A petition to admit a decedent’s will to probate without administration shall be verified by the petitioner and shall contain:

(1) [No change]

(2) the nameT and last known address of the decedent, last 4 digits of the decedent’s social security number, date and place of death of the decedent, and state and county of the decedent’s domicile;

(3) — (8) [No change]

(b)-(d) [No change]

Committee Notes

[No change]

Rule History

1975 Revision — 2010 Revision: [No change]

2011 Revision: Subdivision (a)(2) amended to limit listing of decedent’s social security number to last four digits. Statutory References

[No change]

Rule References

[No change]

RULE 5.530. SUMMARY ADMINISTRATION

(a) Petition. The petition shall be verified as required by law and shall contain:

(1) [No change]

(2) the name? and last known address of the decedent, last 4 digits of the decedent’s social security number, and-date and place of death of the decedent, and the state and county of the decedent’s domicile;

(3) — (12) [No change]

(b)-(d) [No change]

Committee Notes

[No change]

Rule History

1977 Revision — 2007 Revision: [No change]

2011 Revision: Subdivision (a)(2) amended to limit listing of decedent’s social security number to last four digits. Statutory References

[No change]

Rule References

[No change]

FLORIDA SMALL CLAIMS RULES

RULE 7.140. TRIAL

(a)-(d) [No change]

(e) Unrepresented Parties. In an effort to further the proceedings and in the interest of securing substantial justice, the court shall assist any party not represented by an attorney on:

(1) courtroom decorum ;-and

(2) order of presentation of material evidence; and

(3) handling private information.

The court may not instruct any party not represented by an attorney on accepted rules of law. The court shall not act as an advocate for a party.

(f) [No change]

Committee Notes

1984 Amendment — 1996 Amendment.

[No change]

2011 Amendment. Subdivision (e)(3) was added so that a judge can assist an unrepresented party in the handling of private information that might otherwise inadvertently become public by placement in the court file.

FORM 7.340. FINAL JUDGMENT

(CAPTION)

FINAL JUDGMENT

AGAINST (DEFENDANT(S)’S NAME) It is adjudged that the plaintiffis), ., recover from the defendant(s), ., the sum of $. on principal, $. as prejudgment interest, $.for attorneys’ fees, with costs of $., all of which shall bear interest at the rate of.% per year as provided for by Florida Statute, for all of which let execution issue.

ORDERED at ., Florida, on.(date).

County Court Judge

Copies furnished to:

PLAINTIFF(S)

DEFEND ANT(S)

Plaintiff(s)’s address:

Defendant(s)’s last known address and last four digits of defendant(s)’s Social Security Number (if known):

(OPTIONAL ENFORCEMENT PARAGRAPH — TO BE INCLUDED UPON REQUEST PURSUANT TO RULE 7.221)

It is further ordered and adjudged that the defendant(s) shall complete Florida

Small Claims Rules Form 7.343 (Fact Information Sheet) and return it to the plaintiffs attorney, or to the plaintiff if the plaintiff is not represented by an attorney, within 45 days from the date of this final judgment, unless the final judgment is satisfied or a motion for new trial or notice of appeal is filed. The defendant should NOT file the completed form 7.343 with the court.

Jurisdiction of this case is retained to enter further orders that are proper to compel the defendant(s) to complete form 7.343 and return it to the plaintiffs attorney, or the plaintiff if the plaintiff is not represented by an attorney.

Committee Notes

1992 Amendment. The optional enforcement paragraph was added to facilitate discovery.

2. All bank, savings and loan, and other account books or statements for accounts in institutions in which the defendant had any legal or equitable interest for the past 3 years.

3. All canceled checks for the 12 months immediately preceding the date of this judgment for accounts in which the defendant held any legal or equitable interest.

4. All deeds, leases, mortgages, or other written instruments evidencing any interest in or ownership of real property at any time within the 12 months immediately preceding the date of this judgment.

5. Bills of sale or other written evidence of the gift, sale, purchase, or other transfer of any personal or real property to or from the defendant within the 12 months immediately preceding the date of filing this lawsuit. Any transfer of property within the last year other than ordinary course of business transactions.

6. Motor vehicle documents, including titles and registrations relating to any motor vehicles owned by the defendant alone or with others.

7. Financial statements and any other business records, including but not limited to accounts payable and accounts receivable ledgers, as to the defendant’s assets and liabilities prepared within the 12 months immediately preceding the date of this judgment.

8. Copies of articles, by-laws, partnership agreement, operating agreement, and any other governing documents, and minutes of all meetings of the defendant’s shareholders, board of directors, or members held within 2 years of the date of this judgment.

9. Resolutions of the shareholders, board of directors, or members passed within 2 years of the date of this judgment.

10. A list or schedule of all inventory and equipment.

UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE.

Defendant’s Designated Representative Title:.

STATE OF FLORIDA COUNTY OF.

The foregoing instrument was acknowledged before me on.(date).by., as the defendant’s duly authorized representative, who is personally known to me or has produced.as identification and who.did/did not.take an oath.

WITNESS my hand and official seal, on.(date),

Notary Public

State of Florida

My Commission expires:.

MALL OR DELIVER THE COMPLETED FORM TO THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S ATTORNEY. DO NOT FIT F. THIS FORM WITH THE COURT.

FLORIDA RULES OF APPELLATE PROCEDURE

RULE 9.050. MAINTAINING PRIVACY OF PERSONAL DATA

(a) Application. Unless otherwise required by another rule of court or permitted by leave of court, all briefs, petitions, replies, appendices, motions, notices, stipulations, and responses and any attachment thereto filed with the court shall comply with the requirements of Florida Rule of Judicial Administration 2.425.

(b) Limitation. This rule does not require redaction of personal data from the record.

FLORIDA FAMILY LAW RULES OF PROCEDURE

RULE 12.105. SIMPLIFIED DISSOLUTION PROCEDURE

(a) Requirements for Use. The parties to the dissolution may file a petition for simplified dissolution if they certify under oath that

(1) there are no minor or dependent children of the parties and the-wife is-not now pregnantthe parties do not have any minor or dependent children together, the wife does not have any minor or dependent children who were born during the marriage, and the wife is not now pregnant;

(2) the parties have made a satisfactory division of their property and have agreed as to payment of their joint obligations; and

(3) the other facts set forth in Florida Family Law Rules of Procedure Form 12.901(a) (Petition for Simplified Dissolution of Marriage) are true.

(b) [No change]

(c) Financial — Affidavit—and—Settlement Agreement. — The-parties must each fi-le-a.financial — affidavit (Florida Family ■Law Rules-ef-Procedure-Form 12.902(b) or -12.902(c)), -and a marital-settlement agreement (Flor-ida-Family Law Rules of Procedure Form~12.902(f)(3)).

(dc) Final Judgment. Upon the entry of the judgment, the clerk shall furnish to each party a certified copy of the final judgment- of dissolution, which shall be in substantially the form provided in Florida Family Law Rules of Procedure Form 12.990(a).

(ed) Forms. The clerk or family law intake personnel shall provide forms, for the parties whose circumstances meet the requirements of this rule and shall assist in the preparation of the petition for dissolution and other papers to be filed in the action.

Commentary

[No change]

RULE 12.130. DOCUMENTS SUPPORTING ACTION OR DEFENSE

Attachment of documents supporting an action or defense shall be governed by Florida- Rule of Civil Procedure 1.130.

(a) Documents Attached. If it is essential to state a cause of action, a copy of the bonds, notes, bills of exchange, contracts, accounts, or other documents or the relevant portions of the documents shall be incorporated in or attached to the pleadings.

(b) Part for All Purposes. Any exhibit attached to a pleading shall be considered part of the pleading. Statements in a pleading may be adopted by reference in a different part of the same pleading, in another